Appendix A to Part 1026 - Effect on State Laws
12:9.0.1.1.1.9.1.1.1 : Appendix A
Appendix A to Part 1026 - Effect on State Laws Request for
Determination
A request for a determination that a state law is inconsistent
or that a state law is substantially the same as the Act and
regulation shall be in writing and addressed to the Executive
Secretary, Bureau of Consumer Financial Protection, 1700 G Street
NW., Washington, DC 20006. The request shall be made pursuant to
the procedures herein.
Supporting Documents
A request for a determination shall include the following
items:
(1) The text of the state statute, regulation, or other document
that is the subject of the request.
(2) Any other statute, regulation, or judicial or administrative
opinion that implements, interprets, or applies the relevant
provision.
(3) A comparison of the state law with the corresponding
provision of the Federal law, including a full discussion of the
basis for the requesting party's belief that the state provision is
either inconsistent or substantially the same.
(4) Any other information that the requesting party believes may
assist the Bureau in its determination.
Public Notice of Determination
Notice that the Bureau intends to make a determination (either
on request or on its own motion) will be published in the Federal
Register, with an opportunity for public comment, unless the Bureau
finds that notice and opportunity for comment would be
impracticable, unnecessary, or contrary to the public interest and
publishes its reasons for such decision.
Subject to the Bureau's rules on Disclosure of Records and
Information (12 CFR Part 1070), all requests made, including any
documents and other material submitted in support of the requests,
will be made available for public inspection and copying.
Notice After Determination
Notice of a final determination will be published in the Federal
Register, and the Bureau will furnish a copy of such notice to the
party who made the request and to the appropriate state
official.
Reversal of Determination
The Bureau reserves the right to reverse a determination for any
reason bearing on the coverage or effect of state or Federal
law.
Notice of reversal of a determination will be published in the
Federal Register and a copy furnished to the appropriate state
official.